Being charged with Driving While Intoxicated (DWI) in New York is a serious legal matter that can have lasting consequences on your record, driving privileges, and future opportunities. But what exactly is the best outcome if you’re facing a DWI charge in New York? The answer depends on the circumstances of your case—but some outcomes are clearly more favorable than others.
At Obedin and Weissman, DWI defense is a central focus. With decades of experience and hundreds of DWI cases handled, our firm has helped many clients avoid the harshest penalties and, in some cases, have their cases dismissed entirely.
Dismissal or Acquittal: The Ideal Outcomes
The most favorable outcome in a New York DWI case is a complete dismissal of the charges. A dismissal can happen for a variety of reasons, such as:
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Lack of probable cause for the traffic stop
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Improper administration of field sobriety or chemical tests
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Violation of constitutional rights during the arrest
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Unreliable or insufficient evidence
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Procedural errors by law enforcement
In some instances, motions to suppress evidence—such as breathalyzer results—can lead to a judge dismissing the case before trial. However, these motions require an attorney with deep experience and a strategic understanding of how DWI cases are prosecuted in New York.
If the case proceeds to trial, the next best outcome is an acquittal—a not guilty verdict. Being found not guilty at trial means you walk away without a DWI conviction on your record. But going to trial is high stakes, and success depends heavily on the skill, preparation, and courtroom experience of your defense attorney.
Both dismissal and acquittal eliminate the criminal penalties and license consequences associated with a DWI conviction. They also help preserve your record and protect your future employment opportunities, insurance rates, and professional licensing.
Plea Bargain: Reduction to DWAI
While dismissal or acquittal are ideal, they are not always possible depending on the facts of the case. In many situations, a favorable resolution is still possible through plea bargaining.
One of the most common—and desirable—plea outcomes is a reduction from DWI to DWAI, or Driving While Ability Impaired. Here’s why this outcome is considered favorable:
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DWAI is a traffic infraction, not a misdemeanor. This means it does not result in a criminal conviction.
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The penalties are significantly less severe, including a shorter license suspension, lower fines, and no mandatory ignition interlock device.
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Insurance and employment consequences are often less damaging than with a full DWI conviction.
However, not everyone is eligible for a reduction to DWAI. Prosecutors typically evaluate a number of factors when considering a plea deal:
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Whether it’s your first offense
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Your blood alcohol content (BAC) at the time of arrest
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Whether there was an accident or injuries involved
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Your overall driving record
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The quality of your legal representation
Having an experienced DWI defense attorney—particularly one who is known and respected by prosecutors—can greatly increase your chances of securing this type of plea agreement.
Why Experienced Trial Attorneys Matter
The team at Obedin and Weissman emphasizes the importance of hiring a defense attorney who not only handles DWI cases regularly but also has real trial experience. The reason? Prosecutors know which attorneys are willing to take a case all the way to trial—and which are likely to settle. That knowledge can influence the plea offers a prosecutor is willing to make.
Additionally, a trial-experienced attorney can properly assess whether your case has strong legal defenses that could result in a dismissal or acquittal. Without this experience, critical opportunities for a favorable outcome might be missed.
Available 24/7 for DWI Defense in Suffolk County
Time is a critical factor after a DWI arrest in New York. Important deadlines—such as DMV hearings and court appearances—come quickly, and early action can make a significant difference in the outcome of your case.
Obedin and Weissman is available 24/7 to answer your questions and provide immediate legal guidance. If you or a loved one has been arrested for DWI in Suffolk County or anywhere in New York, the firm is ready to help you take the next steps toward a strong defense.